The Deerwood Homeowners Association - Fine System Guidelines

Each time a piece of property is purchased in Deerwood the purchaser incurs a responsibility to comply with the Covenants and Restrictions which pertain to that property and should be furnished a copy of the Covenants and Restrictions as a part of the closing process.

Our covenants create an overall expectation and social contract that each and all homeowners shall reasonably use and maintain their property and the exterior of their home in such a manner as is necessary to preserve the beauty, quality and value of their home, the neighborhood and other homes in the neighborhood.

Our property manager becomes aware of situations that do not meet those expectations either by notice from residents or our security guards or by personal observation during inspection tours of the community. Examples of situations that have frequently drawn attention in the last few months are:

Lawns and landscaping not properly maintained
Landscape debris left in visible yard location pending pickup
Fences and other improvements not properly maintained
Vehicles parked in the street, yard or driveway improperly and/or overnight
Parking boats, trailers or recreational vehicles in view of the street or adjacent properties
Pets allowed to leave owner's property while not on leash

These situations are brought to the attention of the property owner by letter from the property manager. In most cases that process is sufficient to achieve correction of the situation.

In some cases the above process is not sufficient to achieve a solution and another tool is needed. Such cases will be referred to the Standards Committee of the DIA Board. That Committee will determine the appropriate action to address each situation. In the event that the Committee determines that the Fine System is the appropriate action the attached procedures will be followed.

FINE SYSTEM PROCEDURES

NOTIFICATION OF VIOLATION:
Property Owners(s) responsible for violation(s) will be notified by letter from the Standards Committee of the DIA Board of the violation(s) and be provided an opportunity to take specified corrective action within a specified period of time.

NOTIFICATION OF HEARING:
In the event that the specified corrective action is not taken within the time allotted a Notification of Hearing will be delivered to the Property Owner(s) by mail or by hand delivery at least fourteen (14) days prior to a scheduled hearing.

HEARING:
At the scheduled hearing, the Property Owner(s) may present, orally or in writing, arguments as to why a violation has not occurred or why a fine should not be imposed for the covenant violation.

HEARING DELIBERATION:
The Hearing Committee will make its decision by majority vote. In the result of a tie, no decision will be entered and the alleged violation will be withdrawn. The Hearing Committee may levy a fine in any amount but not to exceed the maximum allowed by law (currently $1000.00 per violation). Continuing violations may be treated as separate violations provided that the cumulative fine may not exceed statutory maximum (currently $1,000.00).

NOTIFICATION OF HEARING RESULTS:
Marsh Landing Management will prepare and mail the decision notification to the Property Owner(s) not later than seven (7) days after the Covenant Enforcement Hearing. NOTE: Should a fine be imposed, the Property Owner(s) will be allowed fourteen (14) working days for payment.

FAILURE TO PAY FINE:
After thirty (30) days the Accounting Department will assess the amount of any unpaid fine to the Property Owners' account. Should the fine remain unpaid, after thirty (30) days, the Board of Directors may place a lien against the Property Owners' property.

FINE SYSTEM HEARING INFORMATION SHEET

1. This is an informal process where a committee of neighbors who are appointed by the DIA Board but may not be members of the board or their close relatives addresses covenant violations. You will be allowed a reasonable length of time to present written or oral arguments on your behalf.

2. You may present witnesses or be represented by legal counsel.

3. You will be notified in writing at your last known address of the Hearing Committee's decision within twenty-one (21) days of the date of this hearing.

4. Should a fine be imposed, you will have fourteen (14) working days from the date of the fine notification letter in which to remit payment.

5. Should a fine be imposed and payment not forthcoming within the specified time limit, your Property Owner account will be assessed the amount of the fine with the possibility existing that a lien may be filed against your property.

6. The imposition of fines shall not be construed to be an exclusive remedy, and shall exist in addition to all other rights and remedies to which the Association or any Owner may be otherwise legally entitled.

7. Continuing violations will subject the Property Owner to additional fines and/or such legal remedies as provided by the covenants and/or applicable Florida statute.

8. Written notices or correspondences may be sent to:

Deerwood Improvement Association
C/o Marsh Landing Management Company
4200 Marsh Landing Blvd, Suite 200
Jacksonville, FL 32250